Christopher Shondale Stacey v. Nissan North America, Inc., et al.

Employee was terminated as a result of a verbal altercation with an employee of a contractor at his employer’s wellness center. He thereafter sought reconsideration of his three previous workers’ compensation claims. Employer asserted that Employee was not eligible for reconsideration because he was terminated for misconduct connected with his work. See Tenn. Code. Ann. § 50-6-241(d)(1)(B)(iii)(b) (2014). The trial court found that Employer had not sustained its burden of proof that Employee’s misconduct was connected with his employment, determined that Employee was entitled to reconsideration, and awarded additional permanent disability benefits. Employer has appealed, contending that the trial court erred in its ruling concerning the termination, incorrectly excluded evidence of statements given by the contractor’s employee and erred by finding that Employee established that he was entitled to disability benefits above those he had already received. The appeal has been referred to the Special Workers’ Compensation Appeals Panel for a hearing and a report of findings of fact and conclusions of law pursuant to Tennessee Supreme Court Rule 51. We affirm the judgment of the trial court.